PSI Guidance - List of Exclusive Arrangements

Summary

This explains about the need to provide details of any exclusive agreements that prevent the re-use of Public Sector Information.

Background

1. Under Regulation 14 of the PSI Regulations, public sector organisations are prohibited from entering into exclusive agreements other than in exceptional circumstances. These exclusive agreements are likely to be in the context of publishing and licensing information.

2. Where exclusive agreements already exist public sector organisations have a responsibility to:

publish summary details of the agreement;

review the agreement at least every three years;

terminate the exclusive agreement at the earliest opportunity.

3. This Note covers the need to publish details of any exclusive agreements. If you do not have any exclusive agreements it is suggested that you include a note on your website to that effect.

Why is action required?

4. Action is required for the following reasons:

to comply with the PSI Regulations; and

because granting an exclusive right to one person or organisation in information prevents anybody else from re-using it. This obviously goes against one of the central aims of the PSI Regulations which is to encourage the re-use of public sector information by many potential re-users. Restricting dissemination of information to one organisation means that one organisation is given preferential treatment. It also means that others are prevented from using the information in their value added products and services.

Action

5. To check whether you have any existing exclusive agreements and to publish summary details using a grid like the one shown below.